Use of Taser, pepper spray in arrest at hospital excessive, complaint says

By Bob Gardinier

Updated 9:06 pm, Tuesday, November 26, 2013

A Saratoga Springs man sued the city and three police officers on Monday, alleging that he was the victim of unjustified brutality by officers who used a Taser and pepper spray on him during an arrest at St. Mary's Hospital.

Larkins was acquitted at his trial. It is the second brutality complaint against city police to surface in the last week.

The complaint, filed in U.S. District Court in Albany, says the incident happened when Larkins took his aunt to the hospital for treatment of injuries he said she suffered accidentally at her home.

Officers Martin Furciniti, Derrick Comitale and Justin Ashe went to the hospital and accused Larkins of domestic violence, Kindlon said. Larkins' aunt is hearing-impaired and was unable to understand why officers were questioning her nephew. The lawsuit said she became upset.

Police arrested Larkins, who did not resist, Kindlon said.

"The officers grabbed Mr. Larkins, bent back his hand, and put a Taser to his head," the complaint states. "The officers knocked Mr. Larkins to the ground. Then, one of the officers Tased Mr. Larkins in his head and neck area numerous times while his fellow officers stood by and did not intervene to stop the assault."

Larkins was placed in a patrol car in handcuffs, and while there he was sprayed in the face by one of the officers while the others stood by, according to the complaint.

Larkins was charged with three counts of second-degree assault and resisting arrest and one count of obstructing governmental administration. He was cleared of all charges by a trial jury in May.

Kindlon alleges that Larkins suffered "severe and permanent physical injuries, pain and suffering, financial hardship and intentional infliction of emotional harm and other items of damages."

Larkins seeks unspecified financial damages.

Troy Mayor Lou Rosamilia's office said the city denies the allegations.

"The city has received the complaint filed by Mr. Larkins and plans to proceed by vigorously defending against it," said Jessica Sibley, deputy director of public information for Rosamilia. "We cannot comment further while litigation is pending."

Kindlon also alleges that the police deceived District Attorney Richard McNally.

"During the pretrial stages of the Rensselaer County prosecution, defendant police officers deliberately concealed from the courts, from the Rensselaer County district attorney and from defense counsel that the 'information' upon which they based the criminal charges of domestic abuse against Plaintiff was false," according to the complaint.

District Attorney Richard McNally did not immediately respond to calls for comment.

Last week an officer was accused of using excessive force on Dec. 23, 2012, for allegedly hitting a person under arrest in the head and injuring him. That allegation came to light after Chief John Tedesco said Friday that he is facing an Internal Affairs inquiry into his release of findings in that case.

An officer and the Troy Police Benevolent Association lawyer filed the Internal Affairs complaint against Tedesco after the chief wrote to the alleged victim on April 18 of this year.

Tedesco has said he wants the FBI to scrutinize his department's investigation of that alleged beating.

Tedesco said after he was informed of the internal investigation, he told department officials that the case should be reviewed by the Rensselaer County District Attorney's Office.